1.CONTEXT OF THE DELEGATED ACT
Article 1 of Regulation (EU) 2019/1021 establishes as the objective of that Regulation to protect human health and the environment from Persistent Organic Pollutants (‘POPs’) by prohibiting, phasing out as soon as possible, or restricting the manufacturing, placing on the market and use of substances subject to the Stockholm Convention on POPs. At the ninth Conference of the Parties to the Stockholm Convention, which took place in Geneva, Switzerland from 29 April to 10 May 2019, decisions were taken to include further chemicals in Annex A to the Convention. Those regulatory actions and decisions should be reflected in Annex I to Regulation (EU) 2019/1021. This delegated act implements decision SC-9/12 on perfluoroctanoic acid (PFOA), its salts and PFOA-related compounds. In accordance with the second subparagraph of Article 15(1) of Regulation (EU) 2019/1021, separate delegated acts will be adopted for the other decisions of the Conference of the Parties concerning inclusion of chemicals in Annex A.
2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
The draft amendment was consulted with an expert group (the 'POP CA meeting') on [insert date] and comments were taken into account. The group is composed of all the relevant stakeholders - representatives of Member States, of the European Chemicals Agency, the chemicals industry and the civil society.
A public consultation was carried out for the draft act from [insert date] to [insert date] [summarise comments received and replies]
3.LEGAL ELEMENTS OF THE DELEGATED ACT
The delegated act amends the list of chemicals in Annex I on the basis of developments under the Convention, as required by Article 15(1) of Regulation (EU) 2019/1021.
COMMISSION DELEGATED REGULATION (EU) …/...
amending Annex I to Regulation (EU) 2019/1021 of the European Parliament and of the Council as regards the listing of perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants 1 , and in particular Article 15(1) thereof,
(1)Regulation (EU) 2019/1021 implements the commitments of the Union under the Stockholm Convention on Persistent Organic Pollutants 2 (‘the Convention’) and under the Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants 3 (‘the Protocol’).
(2)Annex A to the Convention (‘Elimination’) contains a list of chemicals for which each Party to the Convention is required to prohibit and/or take the legal and administrative measures necessary to eliminate their production, use, import and export.
(3)The Conference of the Parties to the Convention has, pursuant to Article 8(9) of the Convention, decided in its ninth meeting to amend Annex A to the Convention in order to include perfluorooctanoic acid (‘PFOA’), its salts and PFOA-related compounds in that Annex. That amendment contains various specific exemptions.